Australian Consumer Law

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The Australian Consumer Laws (ACL), being Schedule 2 to the Competition and Consumer Act 2010, is uniform legislation for consumer protection, applying as a law of the Commonwealth of Australia and is incorporated into the law of each of Australia's states and territories. The law commenced on 1 January 2011, replacing 20 different consumer laws across the Commonwealth and the states and territories, although certain other Acts continue to be in force.

The law was developed by agreement of the Council of Australian Governments.

The provisions of the Australian Consumer Law broadly reflects the provisions previously afforded by the Trade Practices Act 1974, although some additional protections have been added. The Australian Consumer Law also generally reflects most of the consumer protection provisions of the fair trading legislation in each state and territory.

The ACL has a broad definition as to who is a "consumer", and it includes anyone who acquires:

A person is still defined as a "consumer" if the good was acquired for purposes of re-supply or for the purpose of using or transforming it in trade or commerce. It accordingly extends protections relating to business behaviour, product safety and quality to businesses and farms with regard to the areas covered above.

Certain provisions possess different scope in their application:

These provisions are vigorously enforced. In December 2014, the Federal Court of Australia, on the application of the ACCC, issued a $10 million pecuniary penalty order against Coles Supermarkets in relation to two connected proceedings arising from payment demands by Coles to which it was not entitled by threatening harm to the suppliers that did not comply with such demands.

The ACL is administered and enforced jointly by the Australian Competition and Consumer Commission and the State and Territory consumer protection agencies, with the involvement of Australian Securities and Investment Commission on financial services matters.

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